Bit of a long story and may be completely the wrong place to ask this question, but the ATO has been less than informative as you will see:

About this time last year i left my previous company cause we found out they hadn't payed superannuation in almost 2 years. we confronted them, they promised to pay up, but we had heard all of this before so we lodged a complaint with the ATO and resigned (the company sold up a few months later)

6 months go past and i dont hear a thing from the ATO. Finally, they call me and tell me they are looking into it. I inform them that, since we made the complaint we have quit and they have paid SOME money to superannuation...but its not nearly enough and definitely doesn't include interest accrued.

Few more months go past with nothing until i get a call from a different representative saying the last guy quit so he would take over my complaint and that he intends to have it sorted in a week or so...ok?

A few MORE months goes past and i get a call from ANOTHER rep at the ATO who says shes taken over my complaint from the last guy and asks if it is okay if she uses my name when talking to my previous employers. I agree cautiously (they were not the nicest employers and i was a little scared of retribution, but there were only about 4 of us left when i quit so they would pretty easily be able to put 2 and 2 together)

This time she gets back to me withing a week...but she says "she asked if they had failed to pay properly and they said no"...what?!? she explains that the previous employer claimed i owed money to the company so they took if from the superannuation owed. she asked if i knew anything about this and i explained i may have owed some time in lieu when i quit. she then HASTILY says this isnt a mater for the ATO and tells me to contact fair work and hangs up the phone....

Now, i didnt think an employer could withhold super to pay back "debts" (i use brackets because i had never heard my TIOL balance before leaving...nor signed any official employment contract stating i would need to pay back owed toil for that matter). But on top of that i know for a FACT that they did not include interest accrued in that repayment.

In summary it took the ATO nearly 12 months to call my previous employer and ask them if they had done anything illegal, and when they said no they ended the process without question...12 months and 3 complaint handlers for 1 phone call!

To top it all off i just got a somewhat threatening call from my previous employer asking for my email to "tie up these super loose ends" (they are the kind of people that make this sentence somewhat threatening)

Just wanted to see if anyone has any advice on this...maybe you've been through a similar experience...sorry for the rant.